Landlord Wins Demolition Case: Vanderwoude v Darwish 2024
Hamilton tenant must vacate by April 30 as landlord wins demolition order
Summarized by RentZenLast updated: October 13, 2024
Case Summary
161 Warren Ave, Hamilton, ON L9A3E2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Mar 2023
Hearing Date
Feb 2024
Order Date
Mar 19, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit in order to demolish the unit.
Determinations
- Landlord served valid N13 notice
- Tenant was in possession on application date
- Residential complex has fewer than 5 units
- Demolition not ordered under other Act
- Landlord paid 1 month's rent compensation
- Landlord obtained necessary permits
- Landlord intends to demolish rental unit
Arguments and Actions
Landlord
Actions
Landlord testified that the work planned will render the rental unit completely uninhabitable and require the Tenant to vacate. Landlord also testified that he has offered the Tenant other units and driven him to view them.
Tenant
Arguments
Tenant submitted two LTB decisions arguing that the Landlord's actions constitute a renovation, not a demolition.
Actions
Tenant testified that he has lived in the rental unit since 2021 and intended to remain long-term, but has been unable to find a new unit to rent as a family of 6.
Decision Summary
The Landlord has proven the grounds for termination of the tenancy and the claim for compensation. The tenancy is terminated, and the Tenant must move out by April 30, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant shall also pay the Landlord compensation of $115.07 per day for the use of the unit starting March 1, 2024, until the date the Tenant moves out.
Reason for Eviction Relief
Provide the Tenant extended time to find alternative housing
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$2,350
Source
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